Who Qualifies for Canadian Citizenship by Descent Under Bill C-3?

(CANADA) Canadian citizenship by descent remains restricted in 2026, and the first-generation limit still blocks many children born abroad from inheriting citizenship from a parent who was also born outside Canada. Bill C-3 was meant to fix that rule, but Parliament has not passed it, so families are still relying on interim discretionary grants.

The issue reaches far beyond paperwork. It affects children of Canadians who live overseas for work, military service, diplomacy, study, or family reasons, and it leaves many without a Canadian passport, voting rights, or access to the full rights that come with citizenship.

The rule still in force

The first-generation limit came into the Citizenship Act through 2009 amendments. It means Canadian citizenship by descent usually passes only one generation born abroad. A Canadian born in Toronto can pass citizenship to a child born overseas. A Canadian who was also born overseas generally cannot.

That rule was designed to stop so-called citizenship tourism. In practice, it has trapped thousands of families in long delays and legal uncertainty. Children have been left without a clear status even when their parents have spent years in Canada, paid taxes, or kept close family ties here.

An Ontario Superior Court ruling in December 2023 found the limit unconstitutional under Section 15 of the Charter of Rights and Freedoms. The court ordered a legislative fix by November 20, 2025. That deadline passed without passage of Bill C-3, and the limit remains unchanged.

Where Bill C-3 stands

Bill C-3, formally titled “An Act to amend the Citizenship Act (first-generation limit on citizenship by descent),” was reintroduced on June 5, 2025. Immigration Minister Lena Metlege Diab tabled it as the successor to Bill C-71. It was designed to remove the first-generation limit and replace it with a substantial connection test.

Under that proposal, a Canadian parent born abroad could pass citizenship to a child born outside Canada if the parent had at least 1,095 days of physical presence in Canada before the child’s birth or adoption. The time could include periods spent in Canada as a permanent resident or citizen.

Bill C-3 also proposed retroactive fixes for people denied citizenship under the current rule and for many Lost Canadians affected by older retention and marriage rules. IRCC estimates and related backlog figures suggest the bill could affect over 50,000 individuals if it becomes law.

The bill advanced to second reading in the House of Commons on October 15, 2025, but stalled in committee after Parliament was prorogued in November 2025. A federal court later extended the compliance deadline to June 30, 2026. As of April 4, 2026, no successor bill has been tabled.

Who qualifies now under current law

Current citizenship by descent rules still turn on the parent’s status and place of birth. In practical terms, a child born abroad qualifies when at least one parent was a Canadian citizen at the child’s birth and the parent was born in Canada or naturalized in Canada before that birth.

Children born abroad to Canadian diplomats, members of the armed forces, or government employees serving outside Canada on official duty are among the main exceptions. Adopted children also have their own route under section 5.1 when the Canadian adoptive parent was born in Canada.

The families left out are the ones hit hardest by the first-generation limit. That includes children born abroad to a parent who already acquired citizenship by descent, as well as many Lost Canadians who lost status under older rules such as the former age 28 retention requirement.

IRCC’s forms are part of the process. Families usually rely on Form CIT 0001 for minors or Form CIT 0002 for adults, along with birth records, proof of the parent’s citizenship, and documents showing the family relationship. For official program guidance, IRCC’s citizenship by descent page sets out the current framework.

Interim grants are now the main route

Because legislation has stalled, IRCC’s interim public policy is now the main path for many families. The policy, updated in February 2026 and in place since December 19, 2023, lets the department make discretionary grants under sections 5(4) and 5.1 of the Citizenship Act.

The interim policy gives priority to people who would have been covered by Bill C-3. It includes children born or adopted abroad before December 19, 2023, people born or adopted on or after that date when the parent meets the 1,095-day test, and some people affected by pre-1949 limits or former retention rules.

Applicants must show the parent’s citizenship, proof of residence in Canada, and the family link. IRCC accepts items such as tax records, school transcripts, employment records, travel histories, and other proof of physical presence. In some cases, DNA evidence is used to confirm parentage.

IRCC says processing for these grants often takes 12 to 18 months. The approval rate for priority cases was around 85% in 2025-2026 IRCC statistics, and more than 4,200 grants had been issued since 2023. The fee is $630 CAD for adults, with refunds if the application is refused.

VisaVerge.com reports that the three-year connection test has become the central political compromise in the debate. Supporters say it keeps a real Canadian link in the law. Critics say it still excludes families who live abroad for shorter assignments.

What families are doing in 2026

The current system has forced many people into expensive back-up plans. Some children who would have been Canadian by descent now need permanent residence instead. That path can take 3-5 years and cost $10,000+ CAD per applicant.

A Canadian family in the United Kingdom, for example, may have a child who was born abroad and needs citizenship proof before school, travel, or health coverage can move ahead. Another family may face the same problem after an international adoption. Military families and diplomatic families often qualify under the existing exceptions, but others remain stuck in the gap between the old law and the promised reform.

Applicants are also watching the courts. Advocacy groups such as the Lost Canadian Registry and Canadians Abroad continue to push for faster action, while University of Toronto researchers have warned that further delay could trigger more Charter challenges.

For now, the law is simple, even if the outcome is harsh. Canadian citizenship by descent still stops at the first-generation limit unless an exception applies or IRCC grants citizenship under its interim policy. Bill C-3 remains the clearest fix on the table, but until Parliament acts, families must rely on the current rules, the discretionary grant process, and the evidence they can collect today.